Understanding Nigerian Land Law: A Buyer's Primer

Nigerian land law is unlike what most buyers encounter in other jurisdictions. Its foundations are colonial-era statutes significantly modified by the Land Use Act of 1978 — a piece of legislation that continues to shape every property transaction in the country. Understanding its essentials is not optional for any serious buyer.

The Land Use Act: What It Actually Means

The Land Use Act vested all land in each state in the Governor of that state, to be held in trust for the benefit of all Nigerians. In practical terms, this means that no individual can own land outright — they can only hold a right of occupancy granted by the Governor (for urban land) or Local Government (for non-urban land).

The Certificate of Occupancy (C of O) is the document that evidences this right of occupancy. It is the gold standard of title documentation in Nigeria and represents the strongest form of interest a private party can hold in land. Any property purchase of significance should be underpinned by, or result in, a C of O.

The Title Hierarchy

Below the C of O, buyers encounter a hierarchy of documentation: Deeds of Assignment, Survey Plans, Building Plans approvals, Probate documents, and various customary title instruments. Each has its place, but each also carries specific risks. A Deed of Assignment without an underlying C of O, for example, transfers a seller's interest — but if that interest is clouded or unregistered, the buyer inherits the problem.

In Lagos State specifically, the Governor's Consent requirement adds a layer: any assignment (sale) of a C of O or a leasehold interest requires the consent of the Governor of Lagos State to be valid. Many transactions proceed without obtaining this consent, creating a chain of unregistered interests that can create complications years later.

Due Diligence: The Non-Negotiables

For any acquisition, buyers should insist on: confirmation of title at the Lagos State Land Registry (or relevant state registry); verification of survey plan with the Surveyor General's office; physical inspection and demarcation of the plot; review of planning approvals for any existing structures; and legal opinion from a qualified Nigerian property solicitor who has personally verified documentation rather than relying on copies.

This process takes time and costs money. It is never optional. The Lagos property market is sophisticated, and the vast majority of professional transactions proceed without issue — but the minority that do not can result in losses of significant magnitude.

Working With the Right Advisors

The combination of a reputable estate agency (to identify and negotiate on suitable property) and a specialist property solicitor (to verify and close the transaction) is the standard for serious buyers. Fine & Country West Africa works with a panel of respected solicitors and can facilitate introductions. We are not solicitors and do not provide legal advice — but we can help ensure the right experts are in place before you commit.